Law

The gray area of the green market: is it really environmentally friendly? Solutions to confusion caused by environmental advertising

Article Abstract:

Increased demand for environmentally sound products and business practices has led to advertising practices which are deceptive or false. Consumers are misled because there are no uniform standards or definitions by which to gauge the claims, or the claims are unsubstantiated, overgeneral or unclear in their application. The Federal Trade Commission and the states have the ability to bring action under generally deceptive advertising laws, but this is inadequate by itself. A set of national uniform guidelines and a national 'green seal' program together offer the best available solution.

Nationally adopted and enforced truth-in-advertising standards are necessary to protect the market and consumers from products which are advertised as environmentally safe but are not. Two proposed federal 'green marketing' laws may pose more implementation problems, however, than FTC guidelines. Each should be pursued, though, because a national regulatory scheme will provide greater consumer protection and awareness. These, in turn, will result in greater citizen involvement in environmental policy decisions.

Author: Israel, Glenn

Publisher:Boston College Law SchoolPublication Name:Boston College Environmental Affairs Law ReviewSubject:LawISSN:0190-7034Year:1993

Usage, Green marketing

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Advertising law; the 'puffery' defense

Article Abstract:

False advertising includes making unsupported claims and this can lead to both private lawsuits and government intervention. The wording of product claims and the accompanying support must be very accurate to avoid liability for making false claims. Distinguishing advertising claims needing substantiation from puffing statements, generalized or exaggerated ones such that a reasonable person would not see them as factual and reliable is often difficult and this problem is detailed.